News

The United States Patent and Trademark Office (USPTO) has ushered in a new era for intellectual property practitioners with the introduction of the Design Patent Practitioner Bar. This significant development, outlined in the final rule published by the USPTO, aims to enhance the quality of representation in design patent matters while accommodating the dynamic landscape of technological advancements.

The traditional patent bar has long been the standard for practitioners handling utility, plant, and design patents. However, recognizing the distinct nature of design patents, the USPTO has created a separate bar to cater specifically to practitioners specializing in design patent proceedings.

Expanded Admission Criteria:
The design patent practitioner bar brings with it expanded admission criteria, allowing individuals with degrees in industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education to qualify. This inclusivity aims to encourage broader participation and bring practitioners with diverse backgrounds and expertise into the fold.

Public Input and Support:
Before implementing this groundbreaking change, the USPTO sought public input to gauge the industry’s perspective on the creation of a design patent practitioner bar. The response was overwhelmingly supportive, with numerous comments highlighting the potential benefits.
Supporters of the design patent practitioner bar argue that it will align the criteria for practitioners with those of design patent examiners, ultimately improving the quality of representation. Additionally, it is anticipated to increase opportunities for under-represented groups, lower costs, and ensure consistent, high-quality design patents.

Implementation Details:
Admitted design patent practitioners will be limited to practicing in design patent matters only, ensuring a specialized focus on this unique area of intellectual property law. However, it is crucial to note that existing patent practitioners remain unaffected, and the criteria for admission to the patent bar for utility and plant patents remain unchanged.

The introduction of the Design Patent Practitioner Bar marks a pivotal moment in intellectual property law, addressing the distinctive nature of design patents and providing a platform for practitioners to specialize in this field. As the legal landscape continues to evolve, this forward-thinking initiative by the USPTO not only improves the quality of representation but also fosters diversity and innovation in the practice of design patent law.

As a proactive firm, with a specialty practice for designs, McCoy Russell is adapting its practice in lieu of these changes and ensuring the firm’s practitioners are well-equipped to navigate the intricacies of design patents. Embracing this shift will not only enhance the firm’s capabilities but also position it at the forefront of the evolving intellectual property landscape.

McCoy Russell congratulates Steven Ochs and Goose Cube Studio on their interactive art installation “The Portal”. The unique home-base exhibition, “The Portal” is an immersive installation that creates the illusion of a boundless space to explore, get lost in, and emerge transformed.

McCoy Russell congratulates Steven Ochs for his innovative nature of this new model of experimental and immersive art.

In our last post, McCoy Russell discussed the impact of the change in Japanese Patent Law as to Multiple-Multiple Dependent Claims prohibition. This change has prompted many to reconsider their approach to drafting patent applications.

In light of this change, patent applicants need to be aware of the new regulations and make the necessary adjustments in their patent drafting processes. Patent applicants need to be diligent when drafting their applications. To avoid any issues, they should thoroughly review their claims and ensure that they do not include multiple-multiple dependent claims. Such claims can result in immediate rejection, causing delays and complications in the patent application process.

Patent applicants and practitioners need to adapt to these changes and refrain from using such claims in applications filed on or after April 1, 2022. One such approach taken by McCoy Russell involves explicit support for both singly dependent and multiple dependent claims in the original application, whether it’s a US or foreign filing. This approach can help applicants maintain flexibility and mitigate the risk of losing priority when seeking patent protection in various jurisdictions.

Explicit support for both singly dependent and multiple dependent claims in the original application offers several advantages:

• Global Applicability: By including explicit support for both types of dependent claims, applicants create patent applications that are versatile and adaptable to different jurisdictions, including Japan.
• Priority Preservation: This approach safeguards against the loss of priority when transitioning from one jurisdiction to another. With well-supported dependent claims, patent applicants can ensure that their rights are protected consistently across the board.
• Streamlined Application Process: Explicitly supporting both types of dependent claims from the outset simplifies the process of adapting the application to meet the specific requirements of different patent offices.
• Cost-Efficiency: Eliminating the need for excessive claim amendments or additional fees to rectify issues related to multiple-multiple dependent claims can result in cost savings for patent applicants.

The recent changes in Japanese patent law have altered the landscape of patent applications in the country. McCoy Russell takes a proactive approach and can navigate these changes successfully for its clients. Contact us if you think McCoy Russell can be of assistance.

In our last post, McCoy Russell discussed changes in Japanese Patent Law as to Multiple-Multiple Dependent Claims being prohibited. To understand the implications of this change, it’s crucial to first understand what multiple-multiple dependent claims are.

In patent drafting, claims are used to define the scope and protection of the invention. A dependent claim refers to a claim that refers back to a previous claim, specifying additional limitations or features. Multiple-dependent claims are those that refer to multiple preceding claims, combining their limitations in a single claim. And, “multiple-multiple dependent” claims take this a step further, referring to multiple claims that themselves refer to multiple other claims.

The impact of this change is far-reaching, particularly for patent applicants who are accustomed to using multiple-multiple dependent claims to streamline their applications. With the ban in place, it is no longer possible to seek a reduction in the number of claims through the use of these claims in applications filed after April 1, 2022. This change has implications for both PCT applications and Paris route applications filed in Japan.

It’s important to note that the ban on multiple-multiple dependent claims does not extend to regular multiple dependent claims. These can still be included in patent applications without incurring any additional official fees. However, the prohibition serves as a clear signal that patent applicants should refrain from relying on multiple-multiple dependent claims as a means of simplifying their applications.

Working with a patent professional can help ensure applications are to the standards of the office in the jurisdiction which they are seeking protections in. Our next post covers one approach that may be used to address the change in Japanese Patent Law.

Recent changes in Japanese patent law have introduced significant restrictions on the drafting of patent claims. In Japan, much like in the United States and other jurisdictions (except EP), a significant modification in patent claim drafting has been implemented, which has brought an end to the practice of using “multiple-multiple dependent” claims. This change is important for patent applicants and practitioners to understand, as it affects the strategy of preparing claims in both PCT (Patent Cooperation Treaty) applications and Paris route applications in Japan.

The change in Japanese patent law pertains to the prohibition of “multiple-multiple dependent” claims, a practice that was previously allowed. Applications with an effective filing date as of April 1, 2022, international filing date for PCT applications and the Convention priority date for Paris route applications specifically, cannot include multiple-multiple dependent claims. This is a significant shift, as applications that contain such claims will be rejected solely on this ground.

In our next post, McCoy Russell will discuss what multiple-multiple dependent claims are and the impact on patent filings.

As an innovative firm, McCoy Russell has been at the forefront of patent law with its development and use of proprietary AI software via its software arm Ironcrow AI. Recently, Ironcrow has invested substantial efforts to create a specialized AI LLM Sandbox as a key tool for patent professionals.

Ironcrow is excited to announce a groundbreaking achievement in the field of AI/ML for Patent Law professionals – Ironcrow’s specialized AI LLM Sandbox has achieved a score above the 70% threshold required to pass the patent bar exam, using a test set of questions. While other researchers have developed tools to pass a state bar exam, none have attempted to pass the specialized patent bar exam administered by the USPTO.

This remarkable feat showcases the innovation by the Ironcrow and McCoy Russell partnership and the ability of the LLM Sandbox’s “Interrogate” feature to answer questions based on the knowledge of the patent procedure. The Sandbox can provide well-cited answers along with relevant excerpts from the MPEP, etc., to its users. This unique feature sets Ironcrow AI’s LLM Sandbox apart from other systems in the market.

To evaluate the performance of Ironcrow AI’s LLM Sandbox, a comparative study was conducted using the same set of Patent Bar Exam questions. The study compared Ironcrow’s LLM Sandbox against various other AI models. The results of this study shed light on the system’s capabilities and provide insights into its performance when compared to other systems and human performance. In short, no other model comes close to meeting its performance, or obtaining passing level proficiency relative to the USPTO Patent Bar Exam.

The passing score for the Patent Bar Exam is set at 70%. In 2022, the passing rate for humans was approximately 46.27%, assuming a symmetrical distribution of moderate deviation, which would place the average human score around 68%. With this in mind, the study aimed to establish a baseline performance for Ironcrow AI’s LLM Sandbox and other systems.

The findings of the study are as follows:

1. Ironcrow AI’s LLM Sandbox emerges as the first AI system capable of achieving a passing score for the patent bar exam on a test set of patent bar exam questions. It achieved scores ranging from 78% to 80%, surpassing the average human performance of 68%. This remarkable achievement demonstrates the system’s deep and factually grounded understanding of the patent law and procedure and its ability to apply this understanding in answering complex questions.
2. Ironcrow AI’s LLM Sandbox, even when utilizing the faster and more cost-effective chatGPT (GPT-3.5-turbo), showed impressive performance improvements over baseline chatGPT, almost reaching the level of GPT-4. This highlights the efficacy of Ironcrow AI’s approach to improve expertise in the domain of U.S. patent prosecution, without necessarily resorting to the largest and most expensive models.
3. Other systems that claim to have been trained on an extensive database of patent knowledge did not exhibit significant improvements in performance compared to their underlying models. While many companies in the patent software space claim to be “experts in AI”, an unfortunate reality is that many of these companies simply act as middlemen between patent professionals and the underlying models, without adding value. This also underscores the importance of quantitatively substantiating claims made in regards to AI performance, something Ironcrow AI hopes to achieve by making these evaluation results publicly available (to access the test set of patent bar exam questions please inquire at the email below).

Ironcrow AI’s LLM Sandbox’s success in achieving a passing score for the Patent Bar Exam signifies a major milestone in the development of AI systems ability to assist patent professionals. Its ability to provide accurate answers with proper citations and excerpts from the MPEP sets a new standard in the field.

If you want to learn more about Ironcrow AI’s LLM Sandbox or the performance study email info@ironcrowai.com.

Celebrating autumn in the PNW, McCoy Russell held an event at the firm’s collaborative space in the heart of the Pearl. Folks living locally or willing the make the drive gathered to connect with each other, get creative and carve pumpkins, and get into the autumn spirit.

An active firm in the intellectual property community, McCoy Russell was proud to host one of INTA’s Roundtables for North America in Portland. The roundtable aimed to explore the Commercialization of Brands, specifically looking at interesting trends and topics in Advertising.

INTA members from various firms around Portland came together at the firm’s collaborative space and discussed topics across a wide range such as influencer agreements and FTC endorsement guides, consumer reviews, and AI in advertising, global advertising campaign clearance, and hot trends in NAD cases.

McCoy Russell thanks INTA for the opportunity to host a roundtable as well as the firms contributing to the conversation, Davis Wright Tremaine LLP, Foster Garvey PC, Fuerst Group Inc, and Kolitch Romano Dascenzo Gates.

On this Boss’s Recognition Day, we want to express our deep appreciation for Sarah, Megan, Hannah  Brian, Katie, Soren, Jennifer, Anna and John. Each of them have shown outstanding leadership and unwavering support to their teams.

Their guidance, dedication, and commitment have been instrumental in McCoy Russell’s continued success. Thank you for being exceptional leaders and mentors.

Their experience, expertise, and efforts inspire us all to excel and grow. We are fortunate to have such strong leadership at McCoy Russell LLP. Happy Boss’s Recognition Day!